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Indian PolityHardAsked in: UPSC CAPF · CAPF 2020, Paper I

In relation to the powers of the Union Government of India, which one of the following statements is NOT correct?

  1. A.The Government of India may undertake legislative functions of a territory outside of India by agreement with the Government of that territory
  2. B.The Union Government may not entrust a State Government with functions over matters where executive power of the Union extends
  3. C.The Union Government may direct States for construction and maintenance of means of communication of military importance
  4. D.The Governor may, with consent of Government of India, entrust its officers with functions on matters which fall within the executive power of the State

Correct answer

B. The Union Government may not entrust a State Government with functions over matters where executive power of the Union extends

Explanation

The correct answer is B. It is not correct, because Article 258 expressly lets the President, with a State Government's consent, entrust to it functions on any matter to which the Union's executive power extends.

The Constitution builds flexibility into Union–State administrative relations. Under Article 258(1) the President may hand Union functions to a State Government or its officers with that State's consent. Article 258A is the mirror image: the Governor, with the consent of the Government of India, may entrust State functions to the Union Government or its officers. Article 257(2) lets the Union direct a State to build and maintain means of communication of national or military importance, and Article 260 lets the Government of India take on executive, legislative or judicial functions of a territory outside India by agreement with its government.

A is wrong to choose because it correctly states Article 260. C is wrong to choose because Article 257(2) gives exactly this power. D is wrong to choose because Article 258A provides it, inserted by the Seventh Amendment of 1956.

Exam tip: Article 258 = Union entrusts to State; Article 258A = State entrusts to Union; Article 257 = Union directions to States.

Practice Questions

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Q1.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2024, GS Paper IMedium

Which one of the following statements is correct as per the Constitution of India?

  1. A.Inter-State trade and commerce is a State subject under the State List.
  2. B.Inter-State migration is a State subject under the State List.
  3. C.Inter-State quarantine is a Union subject under the Union List.
  4. D.Corporation tax is a State subject under the State List.
Show answer
Correct answer: C. Inter-State quarantine is a Union subject under the Union List.

Inter-State quarantine is a Union subject, listed with inter-State migration in entry 81 of the Union List. The Seventh Schedule divides legislative subjects into the Union List, the State List and the Concurrent List.

Q2.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2019, GS Paper IMedium

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

  1. A.The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
  2. B.The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
  3. C.In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
  4. D.State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.
Show answer
Correct answer: B. The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

Article 142 empowers the Supreme Court, so the statement means that ordinary laws made by Parliament cannot limit the Court's power under it.

Q3.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2024, GS Paper IMedium

Which of the following statements are correct about the Constitution of India?

1. Powers of the Municipalities are given in Part IX A of the Constitution.

2. Emergency provisions are given in Part XVIII of the Constitution.

3. Provisions related to the amendment of the Constitution are given in Part XX of the Constitution.

Select the answer using the code given below:

  1. A.1 and 2 only
  2. B.2 and 3 only
  3. C.1 and 3 only
  4. D.1, 2 and 3
Show answer
Correct answer: D. 1, 2 and 3

All three statements match the Parts of the Constitution correctly. Part IX A, Articles 243P to 243ZG, was added by the 74th Amendment Act, 1992 and deals with the Municipalities, including their powers and functions under Article 243W and the Twelfth Schedule.

Q5.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2024, GS Paper IMedium

The Constitution (71st Amendment) Act, 1992 amends the Eighth Schedule to the Constitution to include which of the following languages?

1. Konkani

2. Manipuri

3. Nepali

4. Maithili

Select the correct answer using the code given below:

  1. A.1, 2 and 3
  2. B.1, 2 and 4
  3. C.1, 3 and 4
  4. D.2, 3 and 4
Show answer
Correct answer: A. 1, 2 and 3

The 71st Amendment of 1992 added Konkani, Manipuri and Nepali to the Eighth Schedule. The Eighth Schedule lists the languages recognised by the Constitution.